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Waukegan Family Law Blog

Women pay more frequently in divorce settlements

Traditionally, it has been the women who have received alimony and child support after a divorce. Today, however, with women more likely to hold executive or professional positions that bring in high salaries than in the past, women in Illinois and around the United States find themselves doing the paying more often.

According to the Chicago-based American Academy of Matrimonial Lawyers, 56 percent of divorce attorneys say that during the past three years, they have seen more mothers ordered to pay child support. In terms of alimony, 47 percent of attorneys said they have witnessed an increase in that category.

Spy gadgets gain popularity in divorces

In a recent divorce case, the presiding judge said that a microphone planted in a stuffed animal recorded more than just a child's conversations -- it was intended to record everything that happened when the stuffed animal was in the room.

The threat of legal action, however, doesn't seem to deter spouses who are intent on getting dirt on the person they married. Because the devices have become smaller in size and price, the temptation has proved too big to ignore. People no longer need a private investigator to find out a spouse's secrets.

Social media could impact divorce, child custody

Attorneys in Illinois and throughout the country are warning clients not to divulge too much information on social networking sites for fear that photos and other postings could impede divorce settlements.

A study by the Chicago-based American Academy of Matrimonial Lawyers shows that four out of every five divorce lawyers said they are seeing many more cases featuring evidence from social networking sites than they did just six years ago.

Illinois congressman settles child support case

A judge has dismissed a lawsuit filed by a woman against her ex-husband, a congressman from the Chicago area, in the latest twist in their long-running dispute over child support. The issue has dogged the congressman, Joe Walsh, throughout his brief tenure in the U.S. House of Representatives, but it shows how contentious divorce issues can be solved when former spouses decide to work together to settle an issue instead of trading recriminations.

The former spouses said that they had resolved their issues. As part of their agreement, the two issued a joint statement proclaiming Walsh was never a "deadbeat dad." The man's wife had sued him after he won his election in 2010. She said he owed more than $117,000 in child support. The couple divorced in 2002 after 15 years of marriage. Walsh has since remarried.

Court says father can decide where child lives

A mother cannot stay with her daughter in Illinois, because doing so would interrupt the father's parenting time and deny the daughter and her father the ability to maintain a close relationship, an appellate court has ruled.

The mother and father met while both were studying for their doctoral degrees in a southwestern state. They married but separated three months after the child's birth, with the mother later filing for divorce. In October 2009, the parents signed an agreement stating that the mother could establish a primary residence with her daughter in specified counties in that state.

Pets often a wrinkle in divorce

In some families, pets take on the persona of children. And in some cases of divorce, the splitting couple will fight as passionately for custody when it comes to their pets.

The topic of pet custody might be more prevalent in divorce cases now more than ever. In a survey of divorce lawyers done by an Illinois-based law group, about 25 percent of the attorneys noticed an uptick in the number of divorces that involved pet issues.

Court rules man mired in debt must still pay alimony

A Chicago man whose income level plummeted and was forced out of his job still must pay his ex-wife some spousal maintenance, an Illinois court has ruled. A judge has not yet determined the amount. While not completely tossing out alimony, it does prove that modifications can be achieved when going through the proper channels.

The couple married in 1968, and the husband joined a law firm in 1972 as an associate. He later rose to partner and was making $500,000 a year at the peak of his earnings.

Open child adoptions are pretty common

Did you know that open child adoptions are becoming very common? In the past, adoptive parents engaged in frequent closed adoptions, with no contact between the child and child's biological parents. However, a new report based on a survey of 100 nationwide adoption agencies shows that the birth parents in 95 percent of all adoptions across Illinois and the United States maintain some sort of relationship with their child's adoptive family.

Specifically, a report by the Evan B. Donaldson Adoption Institute says that it now is almost standard procedure for birth parents to meet and interview potential adoptive parents before selecting a family for their baby.

State wants to extradite man for unpaid child support

A 22-year-old man who won a $100,000 state lottery prize last year has been jailed on a warrant from a state neighboring Illinois for unpaid child support. It's a reminder of the need to be honest when ordered to pay child support. Modifications can be made for inability to pay, but when one comes into a large amount of money they should attempt to get as current as possible. Children need that funding.

The man was being held in a third state on a variety of charges, awaiting extradition. Officials have charged him with five felony counts of failing to pay child support, as well as a misdemeanor count on the same charge. He allegedly owes $4,300 for a 4-year-old child he fathered with a high school classmate.

Court: All of injury settlement a marital asset

An Illinois appellate court has ruled that a settlement a man received for a work injury is a marital asset and a portion should go to his ex-wife. By a 2-1 vote, the justices ruled that the divorce judge who awarded the woman the settlement followed the law.

Sometimes it can be hard to prove what is and isn't a marital asset. Many states treat anything gained during a marriage as a marital asset.